In re H Trust v [2007] JLR 569 (02 October 2007)

In re H Trust v [2007] JLR 569 (02 October 2007)

The court's power to vary a trustee's decision is limited to circumstances where no reasonable trustee could have made the decision, after which it may give directions under the relevant statutory provision.

Citation
[2007] JLR 569
Parties
Applicant: H Trust; Respondent: Unknown Respondent
Jurisdiction
Jersey
Judgment Date
02 October 2007
Procedural Posture
Trusts Variation of Trustee Decision / Judgment
Outcome
Application dismissed
Legal Topics
Variation of Trustee Decisions, Court Powers Under Trusts (jersey) Law 1984
Trusts Variation of Trustee Decisions Court Powers Under Trusts (jersey) Law 1984

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Parties

H Trust

Applicant

Unknown Respondent

Respondent

Procedural Posture

Trusts Variation of Trustee Decision / Judgment

Legal Issues

  1. 1 Whether the court may vary a trustee's decision when the trustee has not surrendered discretion

Ratio Decidendi

The court's power to vary a trustee's decision is limited to circumstances where no reasonable trustee could have made the decision, after which it may give directions under the relevant statutory provision.

Court Disposition

Application dismissed